Recreational Immunity – Issue of Material Fact

By: Derek Hawkins//March 15, 2022//

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WI Court of Appeals – District III

Case Name: Katherine Baumel, et al., v. Society Insurance, et al.,

Case No.: 2020AP1610

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Recreational Immunity – Issue of Material Fact

Katherine Baumel sued Michael Frear, Kari Frear, and Deer Tail Lodge, LLC (collectively, “the Lodge”), along with the Lodge’s insurer, after she tripped and fell on the Lodge’s property. The circuit court granted summary judgment in favor of the Lodge, concluding Baumel’s claims were barred by the recreational immunity statute, WIS. STAT. § 895.52 (2019-20). Baumel argues the court erred because she was not engaged in a recreational activity at the time of her fall. Alternatively, she argues there is a genuine issue of material fact as to whether the “profit” exception to recreational immunity applies. We reject these arguments and affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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